| A | B |
|---|
| 1st Amendment | 1. Freedom of Speech (Commercial speech, hate speech) 2. Freedom of the press (Prior Restraint) 3. Freedom of Religion (Establishment clause & exercise clause) |
| 2nd Amendment | The right to bear arms |
| Due Process (5 & 14) | Right to fair trial if attacking life, liberty, or property |
| Equal protection (5 & 14) | All equally protected under the law |
| Commerce Clause | Power of congress to regulate business between foreign nations and the states A. Regulation of foreign commerce B. Regulation of interstate commerce C. Limitation of police power |
| Limitation of state police powers | A. Police "Pov" B. Dormant commerce clause |
| Primary Purpose of agencies | 1. Rule Making 2. Enforcement |
| Notice and Comment rule making | 1. Study 2. Make 3. Publish 4. Comment 5. Respond 6. Promulgation |
| If challenge promulgation may show... | Improper allegation, exceed power, or improper procedure |
| "Immunities & Privileges" | Every citizen treated same in every state |
| "Full faith and credit" | One state must respect the laws of another state |
| Article 4 | "Full Faith and credit" & Privilege & Immunities" |
| Article 1, 2, 3 | 1: Congress 2: Executive 3: Judiciary |
| Article 5 | Deals with amendments |
| Contract Clause | No state can undo a contract, federal government can |
| Supremacy Clause (Article 6) | Federal government is the supreme law of the land |
| Preemption | When federal government has all say in certain area |
| Sources of Law | 1. Constitution 2. Legislation 3. Administrative Legislation 4. Judicial Decisions |
| Hierarchy of Laws | 1. US Constitution 2. US Statutes 3. Federal Admin Agencies 4. State Constitutions 5. State Statutes 6. State Admin agencies 7. Local ordinances 8. Judicial decisions/case law |
| Court Personnel | 1. Judges & Justices 2. Jurors 3. Lawyers |
| Trial (A) Court vs. Appellate (B) Court | A: Decides questions of law & fact, then issue a verdict B: Decide on question of law |
| Jurors (2 Types) | Fact finding body 1. Petit jury 2. Grand jury |
| Petit Jury | Determine all criminal and civil cases |
| Grand Jury | Determine whether court should go through with criminal prosecution |
| Lawyers | Represent private parties in court |
| Attorney-Client Privilege | Attorney doesn't have to tell anything about client |
| Organization of court System | 1. Trial (district) courts 2. Court of Appeals 3. Supreme Court |
| 4 Categories for Federal Courts | 1. Federal Question cases 2. Cases Between 2 States 3. Cases Where US is a party 4. Diversity of citizenship |
| Writ of Certiorari | Supreme Court must grant this before hearing a trial |
| Judicial Review | Court has the power to review constitutionality of legislation |
| Requirement to bring suit | 1. Standing to sue 2. Personal Jurisdiction 3. Subject matter jurisdiction |
| 2 Components of standing to sue | 1. Legal dispute 2. Personal Stake |
| Types of Law | 1. Common vs. civil 2. Public vs. private 3. Criminal vs. civil 4. Procedural vs. Substantive |
| Personal Jurisdiction | Power of court over individuals to hear case |
| Obtain personal jurisdiction over defendant by: | 1. Voluntarily agree 2. Process in state 3. Process out of state if: tort in state, land/property in state, business transactions or contracts |
| Order of Litigation | 1. Pleadings 2. Motions 3. Discovery 4. Trial 5. Appeals |
| Pleadings | Formal presentation of claim & defenses by parties 1. Complaint 2. Answer 3. Reply |
| Types of Discovery | 1. Interrogatories 2. Request for production of documents 3. Deposition 4. Request for admission |
| Scope of Discovery | Requested discovery must lead to admissible evidence |
| Motions | the act of seeking a pretrial determination of their rights |
| Trial Procedures | 1. Jury selection 2. Opening statements 3. Presentation of evidence 4. Closing Statements 5. Jury instructions 6. Verdict |
| Alternative dispute resolutions | 1. Settlement 2. Arbitration 3. Mediation |
| 3 Primary Parts of Law | 1. A rule 2. Laid down by government 3. Enforced by government |
| Law Provides (3 Things) | Certainty, predictability, and stability |
| Law used when made... | Generally & Equally |
| Law must be effective when... | 1. Written Down 2. Accessible to public |
